Who pays if my friend crashed my car?

“My friend crashed my car and now I don’t know what to do.”

This is a stressful situation to be in, but don’t panic – an Athens car accident lawyer can help. The first thing you should do is notify your insurance company.

Car Insurance Follows the Car, Not the Driver

Car insurance insures the car, not the driver, so you will need to file a claim with your car insurance company, not theirs. Even though your friend was the one driving, your car was the one damaged.

1. File a claim against your own collision coverage

First, you’ll need to file a claim against your own collision coverage. Depending on your car insurance policy, the collision coverage may cover the damages and repairs.

If your friend caused the accident and another driver was injured in the crash, then your insurance may cover that person’s injuries as well. However, if the cost of their injuries exceed the limit of your liability insurance, their car insurance may cover the difference, or, you both might be sued.

Hopefully, that will not be the case. But, even if your policy covers the full amount of damages, your insurance company might try to recover some money from your friend’s insurance company.

It’s important to note that loaning out your car can cause your insurance company to see you as a high-risk person to cover, so you may get charged more per month for your insurance in the future.

2. Pay the deductible

After your insurance issues the coverage for the accident, you will still likely have to pay the deductible. When you learn what the deductible will be, you can ask your friend to cover this amount, and hopefully they will agree to reimburse you.

What to Do if Damage Exceeds Your Policy Limits for Liability

If the accident was serious and there was extreme damage done to the other driver and their car, then the damage may exceed your policy limits for liability. As we mentioned earlier, this is where your friend’s car insurance comes in. If your friend is at fault for the accident and the other driver was injured, your insurance will cover the damage up to the policy limit.

After that, your friend’s insurance coverage should kick in and cover the remaining damages.

If both of your insurance has paid and there are still damages left, then the other driver could sue both you and your friend. Someone has to pay for their damages, and once the insurance money is used up, they will look to the two of you to pay that amount.

In a perfect world, if your friend was a good person, they would pay the damages, but unfortunately that is not always the case.

What to Do if Your Friend or Your Insurance Refuses to Pay

This is a tough spot to be in. Some less reputable insurance companies won’t cover anything if the driver of the car is not on the policy. If this happens to you, and you went to your friend and they refused to pay as well, you may consider filing a lawsuit against your friend. You can sue for damages, whether they borrowed your car with or without your consent.

Deciding whether or not to sue your friend is a difficult choice, and can cause major strife in your friendship, but ultimately you have to make the best decision for you based on your situation.

Unfortunately, if you willingly loaned your car to your friend and they did not have a driver’s license, you could be in serious legal trouble. Allowing an unlicensed driver to drive your car can get you in trouble with the law.

Have a friend crash your car? Don’t worry — we’ll help the process go as smoothly as possible.

If your friend crashed your car, don’t worry—we can help. Experienced Athens car accident lawyer Mike Rafi will work together with you to get you through this situation and help the process go as smoothly as possible. With a good attorney by your side, you can get the damages covered, and hopefully preserve your friendship in the process.

When a friend crashes your car, things can get tricky. You need a car accident lawyer to help you go through the process of handling things fairly, but also diplomatically. Give us a call at (706) 995-7547 to schedule a free consultation and talk through your options with an attorney.